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View guidance on notification of admitting a client to A&A, provision of ABWOR and the need for a signed client’s declaration.
Notification intimation application form declaration mandate category codes initial limit
Find out about the online declaration, what it is for and how it ensures payment for work carried out.
Online declaration financial assessment financial eligibility route to payment contribution passport benefits vouching of income or capital collection of contribution instalments client signature of declaration form mandate legal aid online declaration legal aid online mandate
Find out about circumstances where documentary evidence to verify client’s finances is not immediately available, how to obtain this and the end of this process
verification practicable availability of evidence updated information missing documentation late verification
Find out about the legislation governing the availability of ABWOR in summary criminal cases.
Criminal ABWOR assistance by way of representation availability of ABWOR in summary criminal cases providing representation in summary criminal proceedings
Read the criteria for acting as an appointed solicitor, including taking instructions directly from client and previous solicitor/client relationships.
Appointed solicitor appointed firm solicitor/client relationship direct instructions able to act immediately previous connection previous representation past dealings with client criteria for appointed solicitor who can act as appointed solicitor
Learn about the payment arrangements if you are acting as the court duty solicitor.
Duty solicitor fees identification parsed fees sessional fees sessions follow up fees fees duty solicitor duty fees court duty fees court fees court solicitor ID fees ID parade feesm fees for court fees for ID parade
Find out how to apply, what you must get from your client and the information we require to grant legal aid in summary proceedings.
Summary application form criminal suumary declaration criminal summary declaration application after tendering a not guilty plea summary declaration
Find out how we assess disposable income and what outgoings can be included.
Passport benefit non-passport benefit passport benefits non-passport benefits earnings from employment drawings from self-employment outgoings calculating disposable income DWP types of income net profit income limit income income types
Find out the information we require and how you must apply for legal aid in solemn proceedings.
Solemn cases solemn proceedings petition case how to apply client’s declaration applicant’s declaration valid application application form information required for application
Find out how we assess disposable income and what outgoings can be included.
Passport benefit passport benefits non-passport benefit non-passport benefits earnings from employment drawings from self-employment outgoings calculating disposable income DWP types of income net profit all forms of income assessment of financial transactions income limits dependant allowance assessing disposable income assessing disposable income
Find out which declaration form to use for criminal appeals depending on whether or not your client was in receipt of legal aid for the original proceedings.
Declaration form LAO/APP/1 applying for appeal online supporting documentation correct form selecting the right form for an appeal LAO/APP/2 appeal legal aid leagl aid appeal
Find out what information we need on your client’s income and how we apply the financial test on disposable income.
Financial eligibility financial test passport benefit non-passport benefit earnings from employment drawings from self-employment outgoings calculating disposable income assessment of client’s income review of earnings means test
Find out about the types of income and capital verification required for the admittance to Civil Advice and Assistance.
Income Capital Eligibility for advice and assistance financial evidence financial verification keycard Earnings Payslips P60 Self-employed earnings Business Accounts Self-Assessment tax return Benefits Benefit Award letters Bank accounts Business bank accounts Bank statements Property valuation Mortgage statement Investments No verification
This page sets out the key information that must be provided with an application for civil legal aid. It includes guidance on information you should make applicants aware of before applying; identifying the correct application form; and how to provide an effective statutory statement.
minimum application requirements statutory statement declaration CIV/SOL online declaration application requirments
Find out when we must receive an A&A account, including deadlines.
Time bar rules time limit for submission of accounts deadline for account submission late submission last entry for accounts delayed submission of accounts accounts submitted out of time time bar discretion time bar timebar timebar limit timebar discretion
Find out when you must submit your account at the conclusion of proceedings.
Timescales time period for submitting account deadline account deadline time limit time bar timebar time bar accounts accounts time bar timebar accounts accounts timebar
Find out how you must apply for children’s A&A, timescales for doing so, when different category codes are appropriate and who may make applications.
Advice and assistance A&A ABWOR CHSA FAM CHC Social work fresh evidence proof child under 12 child over 12 category codes child age
Read about financial eligibility provisions for A&A and when contributions are payable, as well as the evidence needed to verify financial eligibility.
Passported benefit income support ESA JSA universal credit disposable income capital contribution keycard eligibility limits verification; financial verification
Find out what you can do in cases where documentary evidence of financial eligibility is not immediately available, including a number of examples.
No verification no documentary evidence verification can't verify no evidence no documents
Read our explanation of the purpose of the declaration form, find out who should complete it and what you should do with the completed form
Declaration form Nominated solicitor Representative capacity fiduciary capacity Child signing Declaration Form mandate
Learn how income is calculated when assessing financial eligibility for children’s legal aid.
Disposable income Employed applicant Wages Salary Wage slip Self-employment Net profit State benefits Passport benefits Income support Income-related employment and support allowance Income-based jobseeker’s allowance Universal credit Disability Living allowance DLA Personal independence payments PIP Armed Forces Independence Payments Pension Maintenance Student grant Aliment deductions from income Rent Mortgage Council tax Allowances for partner Allowances for children Child care costs Debts Schedule 1 of the Children’s Legal Assistance (Scotland) (Amendment) Regulations 2013 dependents' dependent's dependent allowance
Find out what the time limits are for lodging an account of expenses and in what circumstances we may accept a late account.
regulation 8 of the civil fees regulations 1989 Time limit for lodging account 4 months after the date of completion of the proceedings Special reason for late submission Step in proceedings account deadline submission deadline deadline late submission late account
Easily access links to the table of fees you need for civil legal assistance work.
table of fees civil fees civil payment payment fees accounts money hourly rate fixed fee detailed fee legal aid fees fee civil fees civil summary cause proceedings defended action undefended action no action raised counsel fees counsel payment counsel accounts accounts counsel payment counsel fee counsel detailed fees simple procedure fees fees simple procedure executry business fees
Read the definition of advice and assistance provided in the Legal Aid (Scotland) Act 1986, and what is meant by ‘representation’ in the context of A&A.
Availability of A&A Scots Law Advice and Assistance; Representation ABWOR Section 6 Legal Aid (Scotland) Act 1986
Find out about the extent to which advice and assistance is available for covering matters in different contexts, including outwith Scotland.
Scots Law UK Law Foreign Law Availability Jurisdiction covered A&A what is covered
Read our guidance on choosing the correct category code for certain matters under A&A, to understand when a matter falls under Civil or Children’s A&A.
Civil A&A Childrens A&A Civil Family issues FAM choosing picking selecting category code A&A CHSA
View the list of categories that are covered by diagnostic advice and assistance (e.g. benefits, prison rules), and their associated category codes.
Diagnostic Category Codes £35 diagnostic category codes
Find out how often you can grant diagnostic A&A and the associated procedures for doing so.
Diagnostic A&A Further Diagnostic in 3 months Diagnostic procedures second diagnostic application multiple applications
Find out how to apply for an uplift from diagnostic to standard A&A, factors you should address in your application and the implications for payment.
Diagnostic Uplift Diagnostic to Standard Diagnostic Increase uplift A&A uplift diagnostic uplift
Find out how to determine if a further grant of civil A&A is required for a ‘distinct matter’ and view a list of approved categories for standard A&A
Duplicate grant Distinct grant Multiple grants of A&A List of Standard A&A case types
Find out who can receive A&A, and read guidance on availability of A&A for any client with other rights and facilities.
Person Child Under 16 Representative Capacity Company Body Club Firm Partnership Society Association Other rights and facilities Trade Union Home Insurance Car Insurance Policy Section 6
Find out at what point A&A work becomes chargeable, and the relevant date to complete on the application.
Applicant signature Solicitor signature Eligibility Financial Assessment Regulation 8 Chargeable Work
Read about the potential roles of unqualified persons in the provision of advice and assistance and what tasks they can undertake.
Unqualified staff paralegal admin staff administrative staff non solicitor non-solicitor receptionist
Read a list of key questions you may wish to ask different categories of clients (including children) in determining whether you may grant A&A.
Child Representative Capital Income Property Partner Married Co-Habiting Aggregating Resources Conflict of Interest Contrary Interest
Find out about satisfying yourself of your client’s financial eligibility before admitting to them to advice and assistance.
Eligibility Income Capital Verification
Read a list of your personal responsibilities in admitting your clients to advice and assistance.
Eligibility Previous Advice and Assistance ABWOR Other rights and facilities other funding other facilities
Use our tool to view the steps in applying for/opposing an order under Adults with Incapacity (Scotland) Act 2000 and find which category code to use.
AWI order AWI application adults with incapacity oppose AWI order apply AWI order Adults with Incapacity (Scotland) Act 2000
Read about how your client’s financial eligibility is assessed for the purposes of civil advice and assistance, including information on client contributions.
Financial Assessment Eligibility Eligibility limit Keycard disposable income Capital; Savings Property Contribution
Find out about how we assess the financial eligibility of children applying for A&A, including a definition of ‘child’ and a discussion of resource aggregation.
Child Child Application for A&A Alimentary Obligation Aggregating of resources Parents Provider of aliment Unjust Inequitable Student Further education College University Family Law Act 1985 Children’s bank accounts
Information about special arrangements for client eligibility for A&A under Reciprocal Enforcement orders
Income Capital advice and assistance eligibility Reciprocal Enforcement maintenance orders Maintenance Orders Act 1972 exemptions
Read about the importance of obtaining your client’s signed declaration as part of the A&A application and what they should understand when signing.
Declaration Mandate Capital Mandate client signature signing date client consent 7 Day Assessment Period Contact 3rd Parties contact third parties Other Bodies Property Recovered or Preserved False Declaration Quality Assurance
Find out about the timescale for submitting a Civil Advice and Assistance application and late notifications.
Application deadline Commencement Date 14 Days payment of account late notification
Read about how to determine if you need to make a fresh grant of Civil A&A and distinct and ‘reasonably ancillary’ matters across various case types.
Distinct matters Ancillary matters Category codes Diagnostic interview Uplift to Standard fresh application Regulation 8A.
What initial authorised expenditure limit applies to a grant of A&A in various circumstances?
£95 £180 Initial Authorised Expenditure Level ABWOR initial limit
Read about the process for gaining authority to exceed the initial limit of expenditure: the use of templates for increases in certain cases.
Civil Increases Civil Templates Increases limit of expenditure templates authorised expenditure prior authority
This page includes information on how to apply for non-templated increases in expenditure under civil A&A. It covers the information you should provide us with; case-related factors to address in your application; the process for reconsideration of refused increases; the process for urgently needed increases; whether authority for retrospective increases is available; and other guidance you may wish to consider.
Non Template Increase Civil Increase AA ABWOR limit of expenditure emergency increase out of hours number urgent increase
Read about provision of A&A to children, including who may apply on a child’s behalf, and your role in assessing a child’s ability to instruct.
Children Child Application application on a child’s behalf Under 16 Capacity Curator ad litem Children (Scotland) Act 1995 ability to instruct
Read about arrangements for changes of nominated solicitor in A&A, including criteria we apply to requests, and procedure for changes or transfers.
Change of nominated solicitor in A&A Transfer of A&A block transfer block move
Learn about the criteria that must be met for us to give our approval for a second solicitor to give advice and assistance on the same matter.
Duplicate applications Second grant of A&A Prior Authority same matter
Find out about arrangements for charging a client after a grant of A&A has ended, and what you must make sure the client agrees to.
End of A&A Rates after A&A Private paying client private client charging
An introduction to the financial verification required for Civil Advice and Assistance.
Introduction Financial Verification Civil Advice and Assistance Income Verification Capital Verification Eligibility
View the general principles behind financial verification requirements for Civil Advice and Assistance.
Financial Verification Income Verification Capital Verification Civil Advice and Assistance Documentary Evidence Eligibility
View the responsibilities of your client and what they should understand in regard to Civil Advice and Assistance and financial verification.
Applicant responsibilities Financial Verification False Information civil advice client responsibilities responsibilities
Learn about the forms of capital and documentary evidence required or passport/non passport benefits when for advice and assistance.
Financial Assessment Capital Eligibility Keycard Bank Account Bank Statement Bank App Screenshot Print Out Savings Account Shares Bonds Stocks Investments Property Insurance Policies Trust Fund Assets Business Will Caravan Boat Car Jewellery Antiques National Savings Certificates Partner passport benefit passported benefit certificate partner
Learn more on the assessment of income when determining eligibility for Civil Advice and Assistance.
Financial Assessment Income Verification Keycard Earnings Wages Payslips Self Employed Business Accounts Self Assessment Tax Return Books Logs Passport Benefits Non Passport Benefits NASS Support Financial Assistance Financial Support Student Bursary Student Grant Student Loan P60 P45 Bank Statement Net Pay Income Tax National Insurance Maintenance CSA Aliment State Pension Pension Credit Private Pension Annuity non-passport
Read about our position in relation to cases where no documentary evidence of eligibility is immediately available for financial verification.
No Financial Verification No Income Verification No Capital Verification No Documentary Evidence Initial Meeting
Learn how to aggregate partner’s resources in prisoner cases for financial verification in civil A&A.
Prison Prisoner Partner Relationship Married Partner Resources Separated Separate and Apart Contrary Interest Conflict of Interest Unjust Inequitable impractical prisoner's wife priosn wife
Read about the age of the documentary evidence required for civil advice and assistance.
Documentary Evidence Age Recent Eligibility Payslip Bank Statement Benefit Award letter Business Accounts
Learn which proceedings you need our prior approval to provide ABWOR to your client.
ABWOR application appointment of executor first tier tribunal upper tribunal eligibility for ABWOR effective participation
View the tests you will need to satisfy to obtain our prior approval to provide ABWOR to your client in certain proceedings.
Reconsideration refusal of ABWOR applying for ABWOR ABWOR tests ABWOR requirements
View a list of the legislation where property recovered or preserved in Upper Tribunal proceedings is exempt.
Property recovered preserved recovered or preserved clawback exemptions Upper Tribunal
A determination in terms of s4(2)(c) of Legal Aid (Scotland) Act 1986 allows for representation before the First-tier Tribunal (Asylum Support)
First-tier Tribunal (Asylum Support) determination section 103 of the Immigration and Asylum Act 1999 asylum and immigration
Find out more about obtaining authorised funding for counsel under A&A.
Increase for counsel Third parties Authorised expenditure ABWOR
View instances where A&A increases for expert witnesses that are located at a distance from the court and your client with the factors to address.
Increase for an expert choice of expert location of expert distance witnesses choice
Find out about the conditions that have to be met for mediation to be considered outlay in your account under advice and assistance.
increase for mediation mediation mediation increase mediation cost mediation fee
Discover when it is acceptable to trace a relative, party or witness and the implications on the availability of advice and assistance.
Tracing witness fishing enquiries relatives advertising tracing witness tracing relative relative
Access guidance and easily check if a templated increase is available on Legal Aid Online for the type of A&A case you are working on.
A&A increase A&A increases template A&A template A&A templates. template increase non-template increase LAOL increase legal aid online increase advice and assistance increase Adoption Aliment Anti-social behaviour orders ASBOs Appeals CICA Convention case Applying for civil legal aid parental rights parental responsibilities Asylum Asylum appeals Bonds of caution in executries Caveats Child abduction Child Maintenance Service Contact residence Conveyancing Transfer of family home between spouses cohabitees separation divorce dissolution civil partnership Criminal injuries compensation claims Crofting Curators ad litem Declarator of parentage Defending action under the Convention Diligence Employment tribunals European agreement transmission of legal aid applications European Court of Human Rights Executry Failure to obtemper court orders Fatal Accident Inquiries FAI Guardianship Home visit hospital visit prison visit Housing Interdict Judicial review Mental Health (Care and Treatment)(Scotland) Act 2003 mental health Minutes of agreement Naturalisation as a British citizen Non-harassment orders Payment actions Pension splitting Pensions Power of Attorney Recovery of heritable property Reparation Sexual offence prevention order Simple Procedure Social security Watching brief Welfare benefit analysis Wills
Find out why only a person can apply for legal aid and when it is reasonable for sole traders and individual partners of firms to receive assistance.
Sole traders partners partnerships corporate bodies unincorporated company legal aid company
Find out about the courts and tribunals in which civil legal aid is available.
courts referral by court civil legal aid availability availability available availability of civil legal aid
Find out about the range of proceedings for which civil legal aid is not generally available, known as ‘excepted proceedings’.
excepted proceedings availability of legal aid Debtors (Scotland) Act 1987 simple procedure no legal aid available unavailable not available defamation verbal injury proceedings election petitions simplified divorce simple simplified petitions sequestration debtors proceedings debt actions first instance ad factum praestandum moveable property aliment personal injuries monetary crave heritable property multiplepoinding
Read our approach to any other rights and facilities available to your client and when we consider it reasonable to grant legal aid in these circumstances.
Other rights other facilities trade union insurance insurance solicitor
Find out about the availability of and procedures for civil legal aid for matters outwith Scotland.
international applications European Agreement on Transmission of Applications for Legal Aid foreign non-uk non-brit non-Scottish foreign application transmission European agreement
Find out about the role of opponents in the civil legal aid application process, including their right to lodge representations.
representations objections opponents waiving intimation representation make a representation opponent
Read about the range of supporting documents and statements we expect to see when assessing applications for civil legal aid, and how to provide them.
supporting documentation minimum application requirements evidence to provide evidence minimum requirment
Find out what is meant by a ‘rejected’ application for civil legal aid, its potential consequences, and how you can remedy this situation.
definition of an application special urgency emergency legal aid rejected application missing information rejected rejection
Read our position on civil legal aid applications by someone unable to sign or suffering from a mental disorder
signing application incapable mental disorder client unable to sign unable signing signature
Find out about special arrangements for civil legal aid applications by person resident outwith the UK and when we may waive these conditions.
applications from abroad abroad overseas client resident outside UK overseas application overseas
Read about how the availability of civil legal aid for children, and the additional information that you must form a view on: ‘general understanding’.
child application curator ad litem general understanding application by child child
Find out the potential reasons we may refuse applications; the process by which this decision can be reviewed; and relevant information you must provide.
reasons for refusal review of SLAB decision refusal review
Read our guidance on applications for civil legal aid for proceedings where we are a party, how to address minimum requirements, and the process for a review.
applications against SLAB review in application against SLAB judicial review of SLAB external referral; SLAB as party slab review review judicial review appeal decision referral refer external refer to sheriff
Find out the types of information to send us if you are acting on behalf of an opponent of an application and wish to dispute the financial info provided.
financial objections false financial information financial representations objection representation
Satisfy yourself that the client is financially eligible for civil legal aid with reference to income and capital.
Civil application financial eligibility income capital pensionable age capital exceeding upper limits for income and capital.
Use the appropriate civil application financial form depending on clients circumstances
Civil application financial information forms type of income earnings benefits self-employed company director.
View information about the period of computation and your client's obligation to tell us about any change in circumstances that may affect their eligibility.
Relevant period of assessment income capital change in financial circumstances.
Learn about how partner is defined, contrary interest and parties living apart when considering financial resources for civil legal aid.
Aggregation partners earnings total income capital
Learn about assessment of wages/salary from employment, net profit from self-employment or business, other souces of income and things that can be disregarded.
Type of income earnings benefits self-employment disregarded income computation period calculating contribution deductions from income dependents' dependent's dependent allowance Pension Housekeeping Maintenance alimentary Child Support Agency CSA Student grants student loan Voluntary aliment payments Rent mortgage Council tax Dependency allowance loan student
Find out which of your client's capital resources must be taken into account when applying for legal aid.
Capital assets disregarding capital subject matter of the application disposing of capital children's accounts disregard
Assessing the clients disposable capital and guidance on the relationship between subject matter of dispute and clawback
Subject matter dispute capital clawback smd
Find out about assessment of financial for special categories of applicant: children; prisoners; applications in a representative or fiduciary capacity
Financial assessment of children POA obligation of aliment child applicant representative capacity aggregation of resources guardian adults with incapacity AWI disregards deprivation of resources capacity Financial assessment of resources held by prisoners prisoners Persons applying in representative or fiduciary capacity: what resources are taken into account? representative fiduciary official capacity executor
We may reassess disposable income and disposable capital if there has been a change in circumstances that would normally result in a reassessment.
appeal proceedings financial assessment appeal legal aid fresh assessment change in circumstances chnage for appeal
Guidance on modified financial assessment process in Adults with Incapacity cases.
AWI adult with incapacity incapacity adults with incapacity assessing AWI finances assessing capital assessing income modified tests AWI tests intervention guardianship
Information on how instalment rates of maximum contribution are set and the relationship with case cost.
contribution client contribution client payment disposable income disposable capital over limit exceed capitla savings money high earnings salary installments contribution installments paying in installments paying installments paying contribution installments instalment part paying ap contribution assited person contribution too much money
View the factors we must consider when deciding if your application for civil legal aid is reasonable and access further guidance on these topics.
Section 14 1b reasonableness reasonableness test reasonableness factors
Learn how the reasonableness test is affected by premature applications, if an offer has been made and if existing proceedings or foreign court could be used.
Applications premature premature application application too early offer made reasonableness existing proceedings outside Scotland foreign court early application
Find out how to define your client’s prospects of success and how this will influence whether we believe it is reasonable to grant civil legal aid.
Prospects of success reasonableness chances of success chance of winning success number prospects prospect of success
Find out the different factors we take into account during our cost benefit analysis when we are considering whether it is reasonable to grant civil legal aid.
Cost benefit benefit to client McTear –v- Scottish Legal Aid Board 1997 SLT 108 court order caution prospect of recovery order not necessary no dispute action unnecessary prejudice no recovery.
Find out how we consider the strategic or wider interest in your client’s case & address tests in Regulation 15, Civil Legal Aid (Scotland) Regulations 2002
Public interest wider interest legal services cases committee reasonableness reasonableness test regulation 15 Regulation 15
Easily access guidance on the merits of different types of civil cases by using our specially designed tool.
merits merits of case legal basis Divorce Divorce non-financial provision Court of Session divorce cases Cross actions of divorce dissolution of civil partnership residence Pursue divorce defend divorce fault-based divorce one year separation with consent two years separation divorce unreasonable behaviour adultery divorce interim gender recognition certificate Orders for financial provision Capital sum order Transfer of property order Periodical allowance order Earmarking order Incidental order Pension sharing orders Cohabitee cases cohabitee intestacy Financial provision on separation Provision on intestacy Gender Recognition cases Gender Recognition Act 2004 gender recognition certificate expectations are defeated child dispute children dispute dispute over children adoption order permanence order parental rights parental responsibility Residence orders Contact order Specific issue orders Variation of an order Minute for failure to obtemper Matrimonial Property Disputes Division and sale Exclusion order curators ad litem curators ad litem for children Interdicts power of arrest non-harassment orders non-molestation orders Matrimonial interdict domestic interdict relevant interdict Breach of interim interdict revoke non-harassment order vary non harassment order reparation road traffic accident accident at work industrial disease tripping tripping case professional negligence condensation dampness court of session reparation personal injury rules judicial review petition for judicial review SLAB judicial review judicial review referral judicial review sheriff wider public interest public interest action of payments actions of payment HMRC HM Revenue and Customs Action of reduction action of reductions caution action caution actions caution for expenses Bonds of caution Adults with Incapacity safeguarders Fatal Accident Inquiries FAI FAI multiple FAI multiple family members death in prison death in police custody Expert Witness in Fatal Accident Inquiries appeals Appellate proceedings fresh application judicial review refused appeal to Supreme Court Supreme Court licensing appeal Court of session appeal first tier tribunal upper tribunal Social Security Commissioners modified application procedures Applications by children child additional reasonableness child age applying for child defamation Mortgage rights mortgage rights proceedings Home Owner and Debtor Protection (Scotland) Act 2010 Proceeds of Crime intersection of civil and criminal proceedings civil and criminal proceedings private sector tenancies eviction Housing and Property Chamber Review of a decision AWI permanence orders permanence grounds court of session dissolution of marriage unreasonable behaviour one year divorce two year divorce simplified divorce Application requirements in cases involving financial provision capital sum transfer of property periodical allowance earmarking order pension sharing order incidental order implementation of pension share s28 claim s29 claim cohabitation financial provision Family Law correction of errors in gender recognition certificate appeal against refusal of gender recognition certificate adoption parental rights and responsibilities s11 orders contact specific issue order minute to vary minute for failure to obtemper matrimonial property disputes division and sale and exclusion order Matrimonial Homes Act curator application child application curator ad litem children non-harassment order interdict matrimonial interdict breach of interdict revoking or varying a non-harassment order Reparation damages claims road traffic claims accidents at work condensation/dampness claims Personal Injury rules statutory statement First Tier Tribunal Upper Trinbunal timebar time bar Payment actions HM Customs and Revenue contracts Actions of reduction evidential bond of caution adults with incapacity guardians safeguarder Adults with incapacity fatal accident inquiry death in custody experts in FAIs appellate proceedings judicial review permission hearing UK Supreme Court representing a child representative separate representation for child direction criteria effective representation mortgage rights HODP mortgage arrears pre-action requirements basis of possible defence housing proceeds of crime confiscation forfeiture seizure administration recovery of assets restraint order rent arrears First-tier Tribunal for Scotland (Housing and Property Chamber landlord and tenant availability of legal aid for housing matter private sector housing tenancy welfare guardianship financial guardianship joint guardian substitute guardian post grant information
This page includes merits information on various types of cohabitee-related cases. These include Section 28 actions (provision on separation for cohabitees); and Section 29 actions (provision on intestacy).
s28 claim s29 claim cohabitee cohabitation financial provision Family Law section 28 section 29 spearation 2006 act Family Law 2006 intestacy provision of intestacy cohabittee cohabitee provision
This page includes merits information for various types of actions in relation to the Gender Recognition Act 2004. These include correction of errors in gender recognition certificates; and appeals against the refusal of a certificate.
correction of errors in gender recognition certificate appeal against refusal of gender recognition certificate Gender Recognition Act 2004 gender gender change gender error defeated expectations gender appeal gender recognition
This page includes merits information for various types of cases involving disputes over children. The case types covered include: adoption and permanence orders; orders relating to parental rights and responsibilities; contact and residence orders; specific issue orders; minutes to vary; and minutes for failure to obtemper. Information is included for both pursuers and defenders.
adoption permanence order parental rights and responsibilities s11 orders residence contact specific issue order minute to vary minute for failure to obtemper failure to obtemper child dispute dispute child parental rights parental responsibilities vary order parental responsibility
This page includes merits information for various types of cases in relation to matrimonial property disputes, including: division or sale actions and exclusion orders. It covers the supporting information you should provide with these types of application, and information for both pursuers and defenders.
matrimonial property disputes division and sale exclusion order Matrimonial Homes Act divide and sale division sale
This page includes merits information for various types of divorce (or dissolution) cases without craves for financial provision. The case types covered include divorce based on one or two year separation; on grounds of adultery; and on the basis of interim gender recognition certificate. Information is included for defenders and pursuers. Information is also included for cross-actions and Court of Session cases.
divorce grounds court of session dissolution of marriage dissolution of civil partnership adultery unreasonable behaviour one year divorce two year divorce simplified divorce one year separation seperation separationm two year separation cheating civil partnership divorce marriage divorce divorce merits
This page includes merits information for various types of divorce cases with financial provision. The case types covered include capital sum orders; transfer of property orders; earmarking orders; incidental orders in terms of section 14(2) of the Family Law (Scotland) Act 1985; and pension sharing orders. It covers the kinds of information we expect to see with these types of applications.
Application requirements in cases involving financial provision capital sum transfer of property periodical allowance earmarking order pension sharing order incidental order implementation of pension share financial provision pension sharing financial provision divorce finances divorce financial share pension pension share incidental order earmark order earmark
Read information on how we assess the merits for legal aid by curators ad litem for children, and associated evidential requirements.
curator application child application curator ad litem merits children curators curators applying appplying curator child curator children curator
This page includes merits information for various types of interdict (etc.) cases. Types of cases covered include: general interdicts (including non-molestation orders); matrimonial and domestic interdicts; breaches of interdict and power of arrest; non-harassment orders; and applications to revoke or vary orders. Information is included for both pursuers and defenders.
power of arrest non harassment order interdict matrimonial interdict breach of interdict revoking or varying a non-harassment order revoke interdict vary inderdict varying interdict harassment non-harassment vary marriage interdict partner interdict revoke non harassment
This page includes merits information for various types of applications in relation to reparation actions. The case types covered include: road traffic accidents; accidents at work; industrial disease cases; professional negligence claims; and condensation/dampness claims. Evidential requirements are included alongside information for both pursuers and defenders where relevant.
Reparation damages claims road traffic claims accidents at work industrial disease tripping professional negligence condensation dampness claims Personal Injury rules accidents road traffic car accident compensation negligence compensation compo
Read an overview of our merits application requirements in relation to judicial review applications, and associated minimum information you should provide.
judicial review statutory statement First Tier Tribunal Upper Trinbunal timebar time bar
Find out about the process for judicial review of a legal aid decision and information you should provide along with your application.
judicial review against us referral to sheriff SLAB as opponent
Read about how we assess the merits of applications in relation to actions for payment, and defence of actions by HM Customs and Revenue.
Payment actions HM Customs and Revenue HMRC contracts contract contract action action of payment payment action payment actions
Read guidance for safeguarders applying for legal aid in a case under the Adults with Incapacity (Scotland) Act 2000, including evidential requirements.
guardians safeguarder Adults with incapacity AWI AWI guardian AWI safeguarder
Read information on our approach to the merits of applications relating to fatal accident inquiries, and on the use and payment of expert witnesses for FAIs.
fatal accident inquiry death in custody experts in FAIs FAI
This page includes merits information for applications in relation to various types of appeal, and associated evidential requirements. The case types covered include: appeals against refusal of permission; licensing appeals; appeals to the UK Supreme Court; appeals against the First Tier and Upper Tribunals; appeals against the Social Security Commissioners, and information you should provide with your application.
appellate proceedings appeals judicial review permission hearing licensing appeal UK Supreme Court Social Security Commissioners fresh application
Read information on how we apply the statutory merits tests to applications by children, including additional factors taken into account.
representing a child curator ad litem representative separate representation for child child application
Read about merits issues and application requirements in relation to cases under the Home Owner and Debtor Protection (Scotland) Act 2010.
mortgage rights HODP Home Owner and Debtor Protection (Scotland) Act 2010 mortgage arrears pre-action requirements basis of possible defence housing
This page includes merits and other practical information for various types of action before the First Tier Tribunal for Scotland (Housing and Property Chamber). It includes the type of actions for which legal aid is available; operational guidance on how we consider these types of applications; and the evidence you should provide with your applications. The fees available are also included.
eviction rent arrears First-tier Tribunal for Scotland (Housing and Property Chamber landlord and tenant availability of legal aid for housing matter private sector housing tenancy
Read our guidance in relation to Proceeds of Crime cases: when is civil or criminal legal aid appropriate, and what are the application requirements
proceeds of crime confiscation forfeiture seizure administration recovery of assets restraint order
Read a summary of application requirements (including financial) for proceedings under the Adults with Incapacity (Scotland) Act 2000.
welfare guardianship financial guardianship joint guardian substitute guardian safeguarder bond of caution post grant information Adults with Incapacity financial assessment
Read about modified applications for civil legal aid for Hague Convention child abduction/custody cases.
Hague Convention child abduction international cases
Special arrangements apply where legal aid is sought to enforce certain judgements in terms of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters.
Reciprocal enforcement international cases European modified application
Learn about the maintenance regulation and how it affects the application process.
reciprocal enforcement of maintenance EC 4/2009. Maintenance Regulation
Read more on how to get cover for urgent work that must be done before a decision on legal aid is given.
Special urgency cover SU SU2 SU4 emergency legal aid emergency
Satisfy yourself that your client is financially eligible for civil legal aid with reference to income, capital and benefits.
SU financial eligibility income capital passporting benefits special urgency eligibility
Read the list of circumstances where urgency work can be done without our prior approval (as long as you comply with Reg 18 of the Civil Regulations 2002)
SU SU2 special urgency cover emergency legal aid Regulation 18 work
Read about the importance of online declaration for special urgency work and information about contributions in this context.
declaration mandate special urgency mandate contributions payment
View factors that may suggest to us that there is no special urgency when considering the application.
self created urgency reasons for refusing SU previous application special urgency refusal
This page sets out our approach to assessing special urgency in various family cases including contact/residence; minutes to vary; minutes for failure to obtemper; and in relation to obtaining reports ordered by the Court.
SU cover SU4 emergency legal aid s11 orders variation failure to obtemper bar report child welfare report curator report court ordered reports
Read general guidance on how we approach the special urgency test in the event of delay in seeking cover.
self created urgency SU SU4 emergency legal aid rejected applications delay seeking cover
Find out the sort of information we need within the application to show special urgency with an explanation of why we need this.
SU SU4 emergency legal aid special urgency cover style examples application form
Learn about situations under Regulation 18(7) when we might not be able to pay you and how tihs relates to expenses.
SU SU2 SU4 special urgency cover emergency legal aid recovery or preservation recovery preservation
Guidance on understanding status of your client under special urgency, implications for contributions and requirement clients provide financial information.
Contribution status of applicant client liability to pay legally assisted person
View information about undertaking necessary collateral work under special urgency and example of when a further Regulation 18(1)(b) certification is required.
SU SU2 SU4 collateral work
Read guidance on the status of special urgency and potential implications for your client.
SU SU2 SU4 emergency legal aid special urgency cover modification of expenses modification
Find out the implications of not completing the financial assessment where work is done under the special urgency provisions.
SU SU2 SU4 contribution expenses
Learn about why you need to ensure you have sufficient expenditure in place for all the work you need to undertake.
case cost limit case cost uplift exceptional case status case cost case status uplift limit
Find out what factors we have to consider when assessing your application for a higher level of expenditure.
case cost uplift case cost increase application funding cost limit case cost increase case cost increase increase application increase case cost
Find out the details you need to submit if you are seeking a review of the cost limit of your case.
review refusal of case cost uplift review of refusal of case cost increase review case cost increase review refusal review increase refused increase rejected rejected increase case cost review
Learn about the information you need to include in your AMEND application when applying for an increase in your case cost limit.
case cost uplift increase standard cost AMEND AMEND application
Learn about when we will monitor long running cases and what form this will take.
SLAB monitoring of cases monitoring long running multiple parties increases monitor monitor cases monitoring cases case monitoring
Find out when retrospective sanction will be considered and what we consider a good reason for not seeking our prior approval for a case cost increase.
retrospective grant good reason exceed authority retrospective increase increase after
Use our case costs limit tool to view relevant information about your civil legal aid work.
case cost limit tool case cost expense limit Case cost uplift case cost amend increase in cost limit retrospective case cost amend retrospective case cost uplift retrospective
This section contains information about arrangements for requesting amendments to grants of civil legal aid.
amends extensions amending a grant extending a grant amendments
Learn about approvals and gain an overview of when you will need our prior approval in a civil legal aid case.
Seeking approval in advance retrospective sanction case cost limit sanction payment accounts assessment sanction.
Learn about the different requirements and available options when you are seeking approval prior to, during and once a grant of legal aid has ended.
Applying for sanction approval sanction before legal aid granted special urgency template sanction template decree
This page includes information on arrangements for the employment of counsel under civil legal aid. It includes information on: the tests applied in our assessment of requests for counsel (whether case-related, or linked to your circumstances); timing of requests; limited use of counsel for opinions etc.; and retrospective grants for the employment of counsel.
sanction for counsel applying for sanction for counsel retrospective sanction approval
This page includes information on the employment of expert witnesses in civil legal aid. The guidance includes information on when prior approval is required; the application procedure (including use of templates); how to distinguish an expert witness and the status of certain common types of witnesses; timing of applications; how we will assess experts’ costs; and cost limit information.
sanction for experts approval templates acting as an expert expert witness
Read some important points to consider before instructing a medical or health professional.
Medical professional health professional accounts doctor accounts sanction for medical sanction for health sanction for consultant approval of expert approval.
View guidance you should send to a witness to explain their role and prevent problems at the account stage.
Witness witnesses practical guidance guidance for witnesses accounts information invoice invoice to solicitor travel costs travel expenses subsistence subsistence allowance loss of earnings loss of wages.
View guidance you should send to any expert you have approval for to explain their role and prevent problems at the accounts stage.
Expert practical guidance accounts information invoice invoice to solicitor cancellation fees expert travel expenses research costs
View guidance you should send to a shorthand writer to prevent problems at the account stage.
Shorthand writer practical guidance guidance for shorthand writers accounts information invoice invoice to solicitor travel costs travel expenses
This page includes information on our approach to approving ‘unusual’ work and work involving ‘unusually large expenditure.’ It sets out when prior approval is required for these types of work and provides information on several examples, including mediation; child welfare reports; family therapy; supervised contact; and vulnerable witnesses. It also includes information on documents to be submitted with these applications for approval.
prior approval sanction for unusual work sanction for unusually large expenditure child welfare reports mediation family therapy supervised contact supported contact vulnerable witnesses approval of costs approval contact centre contact centres
Read about arrangements for changes to the nominated solicitor in civil legal aid, including transfers between and across firms.
Change of nominated solicitor transfer application cease to act transfers transfer transfer client change changes
Use this tool to find out whether you need special urgency cover, when you need sanction for the report and if an increase in the cost limit may be needed.
child welfare report child report sanction for child welfare report special urgency child welfare report funding child welfare report child welfare report tool
Find out when sanction is needed if you are consulting with or employing a professional who is not acting as an expert.
sanction curator ad litem sanction GP sanction medical sanction inquiry agent sanction interpreter sanction sheriff officer sanction sign language curator ad litem sanction GP sanction medical sanction inquiry agent sanction interpreter sanction sheriff officer sanction sign language sanction GP medical professional sheriff officer sign language inquiry agent
Find out whether there is a template sanction you can use and what the authorised expenditure is.
sanction template templated sanction set sanction template Adjudication sanction Administration of Justice sanction Adoption sanction Adults with Incapacity sanction Affiliation sanction Aliment sanction ASBO sanction Appeal sanction house of Lords sanction Appeal Inner House sanction Appeal Sheriff Principal sanction Privy Council sanction Social Security Commissioner sanction child support commissioner sanction UK Supreme Court sanction Breach of Contract sanction Breach of interdict sanction Capital Sum sanction Child support agency sanction Civil imprisonment sanction Civil Partnership sanction Contact sanction Debt sanction Defamation sanction Delivery sanction Delivery of goods sanction Parental Rights sanction Disability Discrimination Act sanction Dissolution sanction Division sanction Sale sanction Divorce sanction Education sanction Employment Appeal Tribunal sanction Exclusion order sanction Executry sanction Fatal Accident Inquiry sanction FAI sanction Forfeiture sanction Freeing for adoption sanction Furthcoming sanction Hague Convention sanction Housing Disrepair sanction Inhibition sanction Interdict sanction Interim Aliment sanction Judicial Review sanction Lawburrows sanction Licensing Act sanction Luxembourg Convention sanction Mental Health Act sanction Minute for failure to obtemper sanction Minute to Ordain sanction Mortgage Rights sanction Multiple Poinding sanction Non Harassment Order sanction family lay sanction Payment sanction Pension Splitting Order sanction Periodical Allowance sanction Permanency order sanction Petitions sanction Power of Arrest sanction Proceeds of crime sanction Proscribed Organisations Appeal Commission sanction Protection from Abuse sanction Reciprocal Enforcement sanction Recompense sanction Recovery of Heritable Property sanction Reduction sanction Reparation sanction Residence sanction Restitution sanction Driving Licence sanction Separation sanction Sequestration sanction Setting Aside Minute of Agreement sanction Sexual offences sanction Small Debt sanction Specific Implement sanction Specific Issue Order sanction Statutory review sanction Summary ejection sanction Suspension sanction Transfer of Property sanction Transfer of Tenancy sanction Unjustified Enrichment sanction Variation sanction Adjudication template Administration of Justice template Adoption template Adults with Incapacity template Affiliation template Aliment template ASBO template Appeal template house of Lords template Appeal Inner House template Appeal Sheriff Principal template Privy Council template Social Security Commissioner template child support commissioner template UK Supreme Court template Breach of Contract template Breach of interdict template Capital Sum template Child support agency template Civil imprisonment template Civil Partnership template Contact template Debt template Defamation template Delivery template Delivery of goods template Parental Rights template Disability Discrimination Act template Dissolution template Division template Sale template Divorce template Education template Employment Appeal Tribunal template Exclusion order template Executry template Fatal Accident Inquiry template FAI template Forfeiture template Freeing for adoption template Furthcoming template Hague Convention template Housing Disrepair template Inhibition template Interdict template Interim Aliment template Judicial Review template Lawburrows template Licensing Act template Luxembourg Convention template Mental Health Act template Minute for failure to obtemper template Minute to Ordain template Mortgage Rights template Multiple Poinding template Non Harassment Order template family lay template Payment template Pension Splitting Order template Periodical Allowance template Permanency order template Petitions template Power of Arrest template Proceeds of crime template Proscribed Organisations Appeal Commission template Protection from Abuse template Reciprocal Enforcement template Recompense template Recovery of Heritable Property template Reduction template Reparation template Residence template Restitution template Driving Licence template Separation template Sequestration template Setting Aside Minute of Agreement template Sexual offences template Small Debt template Specific Implement template Specific Issue Order template Statutory review template Summary ejection template Suspension template Transfer of Property template Transfer of Tenancy template Unjustified Enrichment template Variation template
Check if you need sanction for common types of work of unusually large expenditure and if there are guidelines on how cost will be assessed.
Unusually large expenditure large expenditure work expensive work sanction Unusually large expenditure Child welfare reports Commission and diligence for recovery of documents recovery of documents Commission to take evidence of witnesses evidence from witness Conveyancing Costs of assisted person attending court AP court assisted person court Curator ad litem Family therapy Mediation Post-cert sanction post certificate Shorthand writers shorthand Statutory reports under the Adults with Incapacity Act 2000 AWI statutory Supervised contact Supported contact Watching brief Witnesses travelling from abroad witness abroad interpreting translating interpreter translator translation cost translation sanction interpreter cost interpreter sanction Translations using interpreter translation costs interpreting costs
Read about the duty to report change of circumstances, including examples of changes and the implications of not providing this information.
change in circumstances duty to report to SLAB informing SLAB computation period financial changes suspension termination change of address
Find out about various scenarios that may comprise an abuse of civil legal aid, the duty to inform us, and client confidentiality in these circumstances.
duty to report abuse of civil legal aid Regulation 24
Find out about the different circumstances in which we may amend the initial financial assessment, and potential contribution implications.
Financial assessment change in financial circumstances error in assessment Regulation 28 change in income contribution case cost estimate
Find out about our power to suspend legal aid, the list of different circumstances in which this may occur, and implications for payment.
Suspension Regulation 29 arrears ineligible legal aid not available
Read about changes in client circumstances that may cause us to terminate legal aid, and implications for the assisted person’s status and contribution.
consequences of termination of a grant of civil legal aid change in financial circumstances
Find out about termination of legal aid based on client conduct, as well as other possible reasons for termination of legal aid.
Reg 31 termination client conduct arrears unreasonable unjustified expense recovery from termination
Read about our power to terminate legal aid where the client provides false or incomplete information and the consequences for the recovery of outlays.
Termination of legal aid in cases of false or incomplete information reg 32 termination false statements disclosure
Read about our special arrangements for certain high cost of complex cases and the criteria which are used to identify them.
high cost case complex case identifying a high cost case special arrangements
Find out about the role of our dedicated contact in high cost/complex cases and what they can do to assist you.
dedicated staff member advice from SLAB SLAB assistance with high cost cases high cost help complex case help
Read about our role in identifying and avoiding duplication of work, for instance where there are several legally-aided parties.
Duplication of work cost-sharing review of decisions preparation in complex cases duplication work duplicate work sharing cost cost sharing complex case multiple parties multiple clients multiple
Learn about the standard of taxation we apply to the assessment of A&A accounts.
Accounts assessment basis for taxation standard of taxation taxation
Find out what you can charge your client where payment is not due from the Fund, including relevant rates and limits.
Charging the client where no Fund payment due client charging charge client private fees
Find out the position on providing both A&A and civil legal aid in parallel
Giving advice and assistance when civil legal aid is in place/granted interaction between A&A and legal aid linked A&A and legal aid parallel A&A parallel legal aid already in place
Find out what you need to supply when seeking payment of your civil advice and assistance account.
Account narrative accounts information required for assessment documents to supply required information accounts information
Discover more about how to provide proportionate advice and potential abatements.
Proportionate advice abatements unnecessary advice advice and assistance accounts assessment of accounts reasonable advice payment for advice
Find out at what point you can charge for providing A&A and circumstances in which you must apply the financial test even where free ABWOR is available.
Advice and assistance accounts Regulation 8 free ABWOR when can I charge for A&A lodging an account criteria charge advice payment for work done
Read about the hierarchy of payment sources, and the order in which you should look to them for payment (i.e. contributions and property recovered/preserved).
Hierarchy of payment first port of call sources of payment claims on the Fund contributions Section 12 payment soucre property recovered property preserved recovered preserved
Read about seeking payment of your A&A account from property recovered or preserved and the exceptions in which you may look to other sources.
Property recovered or preserved hardship applications Regulation 16(3) payment from the Fund sources of payment AA/HARDSHIP property recovered property preserved recovered property preserved property
Read about the restrictions on claiming payment from the Fund or your client where you are accepting judicial expenses.
Judicial expenses expenses in lieu payment from the client
Find out when standard advice and assistance should be effectively substituted for your diagnostic interview.
further diagnostic grant diagnostic A&A diagnostic advice and assistance
Find out why you must submit your diasnostic account within three months of the conclusion of advice and assistance.
diagnostic account diagnostic A&A account three months three month time bar timebar three month account
View a reminder of the importance on understanding who can provide A&A and provides an overview of relevant information.
Properly chargeable who may provide advice and assistance unqualified persons delegation
Find out about the tasks which unqualified persons may be delegated, including a number of examples of appropriate and inappropriate delegation.
Unqualified persons delegation chargeable tasks definition of advice and assistance
Find out about how ‘representation’ is defined for the purposes of understanding what is chargeable in an A&A account, with a number of examples.
Representation trainees steps in proceedings preparation chargeable work
Find out the implication of a restricted practicing certificate on whether you can undertake chargeable work under A&A.
Restricted practicing certificate chargeable work suspension of practicing certificate entitlement to practice
Find out the rule on the delegation of advice and assistance to other out of house professionals such as accountants.
Delegation out of house professional outsourcing accountant financial adviser
Discover why you are not entitled to charge for the preparation of an A&A account.
A&A account charges payable A&A free accounting can I charge for preparing a legal aid account? eligible for payment preparation fee
Find out how best to submit your accounts when you have provided both A&A and civil legal aid.
A&A and civil A&A civil account A&A account exception advice and assistance and civil future recovery no expenses A&A
Find out in which circumstances is it possible to utilise the higher limit of expenditure with A&A.
Self-grant increases upper limit of expenditure when am I eligible to exceed basic limit of expenditure circumstances where you may be satisfied of an increase in A&A expenditure sel grant increases
Find out what information you should retain on file.
Accounts vouching information details to retain on file detailed accounts evidence of work done justification for work undertaken assessment of your account vouching of outlays relevant information to retain
Find out what you can charge for, and on what basis when submitting your A&A accounts.
Utilising the increased expenditure ensuring expenditure is correctly allocated to work done purpose of increase remit of expenditure what may I use increased expenditure for
Discover at what point you can begin charging for advice and assistance.
Pre grant work establishing eligibility satisfying yourself on eligibility financial tests client eligibility chargeable work work prior to grant pre-grant work
Discover what details you should provide in your account entries to allow us to understand the work undergone.
Information required to assess an account account narrative work items work entries suitable length of narrative reasonable documentation of work documentation
Find out what fees are eligible for taking initial instructions from the client.
Initial instructions first meeting initial meeting with client fee for first meeting taking instructions from client introductory meeting is the first meeting chargeable?
Discover what rates are allowable for telephone calls and information you should provide with the account entry.
A&A telephone call charges unanswered calls fees for leaving a message telephone messages voicemail messages charges allowed for leaving a message with family member/ partner
Find out what A&A fees are allowable for taking of precognitions.
precognitions taking of precognitions fees available for taking precognition is time spent taking precognitions chargeable? framing precognitions information required in precognition
This page sets out the position on the assessment of accounts – including claims from expert witnesses - in relation to the authorised level of expenditure.
Increase in expenditure assessment of actual costs justifying expenditure accounts information for expert witnesses detailed fee notes VAT
Find out about how counsel fees are assessed under advice and assistance, the relationship with the authorised level of expenditure, and how you will be paid.
Counsel’s fees A&A outlays authorised expenditure justifying fees VAT A&A counsel fees
Read about how we assess A&A outlays for experts who are located at a distance from the tribunal, and information you should provide to us on this issue.
Outlays payable experts at a distance experts abroad expert costs
Discover more about conveyancing work, including when you should apply for an increase and what implications this has for property recovered or preserved.
Conveyancing work increase for conveyancing property recovered property preserved
Find out why you are unable to charge for taking precognitions, in line with CICA work.
CICA application charges for precognitions fees for taking precognitions criminal injuries compensation agency work CICA form Criminal Injuries Compensation Agency Criminal Injuries Compensation Agency form Criminal Injuries Compensation Agency application
Find out the definition of ABWOR and who is able to provide this service.
ABWOR accounts assistance by way of representation who can provide ABWOR circumstances where ABWOR is available provision of representation civil ABWOR ABWOR listed proceedings
Find out in which civil proceedings you will require our prior approval before granting ABWOR.
ABWOR proceedings eligible ABWOR proceedings civil proceedings where you require prior approval circumstances where you require SLAB permission pre-ABWOR grant ABWOR conditional on our pre-approval require prior approval Historical sexual offences same-sex disregard disregard application
Learn why you must apply to us for sanction for employment of counsel.
ABWOR increase ABWOR counsel ABWOR senior counsel ABWOR advocate counsel sanction for counsel employment of counsel costs of counsel authorised expenditure unsanctioned counsel consequences of unsanctioned counsel entrusting a case to counsel
Read more on sequestration proceedings and how you should charge fees in such cases.
sequestration sequestration ABWOR ABWOR block fees sequestration proceedings block fees or detailed fees? general debt advice petition subsumed within block fee advising on matter of debt ABWOR for sequestration of an estate petition by a debtor
Find out what payments you are entitled to for attending hearings before tribunals, including waiting time.
payment for hearings before tribunals fees for tribunal hearings minimum advocacy fee entitlement to fees for hearings calculating total fee for attendance at a hearing waiting time waiting time calculations calculating waiting time payment where gaps in waiting time at tribunal hearings
Discover when you should consider instructing a local agent.
ABWOR local agents instruction local agents distant tribunal nearest available agent local solicitor who should act based on location closest available representation travel costs unreasonable travel costs factors to consider before instructing local agent necessity of personal attendance in spite of travel costs personal attendance location of court
Find out what specific information you should provide to support your fees for preparation.
Preparation fees eligible charges for preparation work details required on preparation work notes kept on file for preparation work reasonable charges for prep stage suitable notes to retain on prep work
Find out the information you need to be satisfied about before you will be paid to travel to meet a client.
Charges for travel when is travel chargeable conditions for travel charges travel charge meeting client driving to client travelling to client
Read about the steps you can take to ensure costs for A&A travel meet the statutory tests
Travel planning travel travel-related guidance travel rules accounts rules travel cost cost of travel will you pay for travel paying for travel travel accounts
Find out about how travel costs should be apportioned where you have multiple clients, including various examples.
Apportionment of travel costs multiple clients recording of travel splitting travel costs travel costs for several clients dividing travel costs split travel costs splitting travel
Find out about charging for travel costs where you have visited multiple clients at one destination.
Travel to see more than one client travel expenses visits costs multiple clients several visits splitting travel costs dividing travel costs
Read about how to allocate costs where equal apportionment cannot be done, including a worked example.
Travel to multiple destinations non-equal apportionment attributing travel costs
Find out what table of fees you must use to submit your account.
Civil fees tables of fees civil reform fees table of fees schedule 2 schedule 2A schedule 3 schedule 4 schedule 5 schedule 6 schedule 6
Find out what accounts must be charged on detailed fees
Detailed fees court of session Schedule 5 of The Civil Legal Aid (Scotland) (Fees) Regulations 1989 as amended by The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003 schedule 5 Civil Legal Aid (Scotland) (Fees) Regulations 1989 civil regs civil 1989 regs 2003 regs amndment regulations 2003
Find out what fees apply for cases in the Sheriff Appeal Court.
Sheriff Appeal Court fees schedule 5 sheriff appeal court sheriff court
View a list of the Sheriff court cases/work chargeable on a detailed basis.
Schedule 7 exceptional cases Sheriff Court detailed fees detailed accounts
Read about payment for special urgency work in cases which do not proceed to civil legal aid.
Regulation 18 account only special urgency account special urgency regulation 18 payment special urgency special urgency work
Detailed fees in simple procedure cases are chargeable under schedule 2A.
Detailed fees simple procedure schedule 2A
Discover more about cases of charging block fees where no action is raised.
No action raised Block fees settlement charges raised sheriff court fees sheriff court block fees block fees sheriff court
Read about protocol for when undefended actions become defended and the fees incurred.
Undefended become defended defended undefended chnage of status schedule 6
Read more about civil legal aid fees payable for undefended actions .
Block undefended fees inclusive fees for undefended cases block fees inclusive fees undefended fees
Find out which fees are payable for undefended actions in the sheriff court in actions of divorce, separation and aliment.
Block undefended fees inclusive fees for undefended divorce or separation and aliment cases inclusive fees divorce separation aliment sheriff court block fees undefended fees
Read about instruction fees in sheriff court block defended fee cases and the fee available after a transfer of agency.
Instruction fees instruction fee instruction transfer of agency solicitor transfer transfer fee transfer block block fee transfer
Find out about the fees chargeable for motions and minutes.
Motions Minutes motions fees minutes fees fee for motion fee for minute fees for motion fees for minute payment motion payment minute repone reponing gremio interim orders in gremio interim orders
View the miscellaneous block fees in defended sheriff court proceedings from Chapter 2 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989.
Miscellaneous Affidavits Contact Arrangements Notice to Admit Joint Minute of Admissions Settlement Conference Extra Judicial Settlement Minute of Agreement Report fee Additional Procedure Third party Minuter Complex financial dispute Pension sharing arrangement Contact dispute Peremptory Diet
Learn about the fees available in connection with settlement prior to an action being raised, allowance of a proof/debate or other court hearing.
Find out factors to consider when charging travel time in defended block fee cases
Travel travel time travel expenses travel charging charging for travel distance to court charging for distance distance
View the rules for considering payment of an additional fee in defended sheriff court.
Additional fees fee increase increase fees percentage percentage uplift uplift fee uplift fees uplift
Find out more about the factors we will take into consideration when assessing additional fee requests in block fee schedule 6 cases.
Additional fee percentage increase application consideration percentage increase
Read how to make an application for additional fee in Court of Session, Sheriff Appeal Court cases and summary cause proceedings
Court of Session Sheriff Appeal Court summary cause Additional fees
Read more on the procedure for applying for an additional Schedule 6 inclusive fee in the Sheriff Appeal Court and Sheriff Court.
Sheriff Appeal Court Sheriff Court Additional Fee Procedure
Find out how to make an application for exceptional case status under schedule 2A or schedule 6.
Exceptional case application schedule 2A schedule6 case status exceptional case status
Learn about when you are allowed to submit for an interim payment of your outlay.
Payments to account outlays interim payment interim outlay outlay interim outlay payment reimbursement reimbursement of outlays outlay reimbursement outlays reimbursement
Find out about the affects of the Dean of Faculty’s ruling on appearance of counsel without an agent
Dean of Faculty ruling/counsel appearing without an agent counsel appearing counsel no agent
Read an introduction to the issue of property recovered and preserved in civil A&A.
Where to get payment of your advice and assistance account hierarchy of payment fees and outlays clawback
Find out about the different sources you should look to for payment of your account and their hierarchy.
Hierarchy of payments Payment of advice and assistance account Payment from the Fund
Learn our definition of property recovered or preserved in advice and assistance, and find various examples.
Recovered Recovery Preserved Preservation Clawback Difference between civil and A&A Half sharing Exempt exemption what is property definition
Read about how payment for A&A/civil legal aid accounts are linked where property is recovered or preserved, and differences between civil and A&A in this area.
Recovered Recovery Preserved Preservation Clawback Difference between civil and A&A Half sharing Exemptions Releasing money Retaining sufficient sums to cover accounts linked A&A
Read an overview of the two types of hardship applications in civil advice and assistance and what they mean for payment of your account.
Hardship applications Distress Grave distress Delay Undue delay Refused Reg 16(3) payment from the Fund
Find out about the advice and assistance hardship application based on hardship to your client, and information you should provide with these applications.
Client hardship Hardship 1 Grave hardship Distress Client unable to pay Reg 16
Find out about the hardship application process for when you’re facing difficulty or delay in recovering from the applicant, including examples.
Solicitor hardship Hardship 2 Undue difficulty Delay Delay in getting payment from client Future recovery Tried to recover
Find out about the payment implications of transfers of agency in cases where clawback may be an issue.
Transfer of agency No longer acting Previous solicitor’s advice and assistance account Action ongoing
Learn about what right we have to recover any expenses or property recovered or preserved by your client to reimburse the legal aid fund.
Future recovery Applicant will have to pay in the future
Find out about the legal background and reasons for the clawback provisions in legal aid.
Clawback background rationale legislation property recovered or preserved
Find out how the net liability to the Fund is calculated and what impacts on it
Clawback Recovered/recovery Preserved/preservation Net liability Expenses
This section contains the definitions and examples of ‘recovery and preservation of property.’
Recovered/recovery Preserved/preservation Clawback Legal background to recovery/preservation Gained or kept property Opposing or resisting claims Definition of property Examples of property definition Hanlon.
Read about which points in proceedings at which recovery or preservation of property could occur.
Recovery of property Preservation of property trigger points when is property recovered/preserved
Read about the ways in which recovery or preservation of property may occur in matrimonial proceedings, and interactions with Family Law (Scotland) Act.
Family Law Act and recovery/preservation Substitution of property Examples of clawback Transfer of property Unsecured debts Valuations Relevant date (clawback) pension sharing
This section provides direction to the relevant regulation on clawback exemptions.
Clawback exemptions Regulation 33 difference between civil legal aid and advice and assistance
Read information about concluding a case and providing appropriate information on property recovered or preserved.
Information about recovery or preservation evidence to provide Settlement documents accounts synopsis form supporting documents
Read about the steps which you and SLAB can take in enforcing the net liability, including steps in diligence.
Clawback Recovery/preservation Net liability Sanction Enforcing a decree Diligence Standard security and interest SLAB enforcement
Find out about provisions relating to expenses in favour of your client, including situations where you should seek these and our power in this area.
Expenses Where my client is successful seek an award of expenses Factors in seeking expenses Expenses awarded Paying expenses to SLAB successful client seeking expenses award of expenses expenses award
Read about arrangements for when expenses are awarded against your client, including liability and the process for modifying or reassessing an award.
Expenses Where my client is unsuccessful Expenses against assisted person liability for expenses modification of expenses reassessment of expenses due client unsuccessful expenses awarded against client lost case court expenses
Find out about the circumstances in which an unassisted person’s expenses may be paid from the Fund and procedural information on Section 19 motions.
Expenses expenses of unassisted parties Section 19 where my client is successful against an assisted person client unsuccessful lost case won case section 19 motion motion section 19
Find out when you may seek payment of an award of judicial expenses, the implications for lodging your accounts, and read general guidance on this topic.
Judicial expenses Seeking payment of judicial expenses Electing to claim civil legal aid fees when judicial expenses are recovered Judicial expenses where both legal aid and advice and assistance provided paying judicial expenses chossing judicial expenses
Read more about judicial expenses and how to charge for private work done before the grant of legal aid.
Expenses and private charging; speculative agreements; private feeing; Section 32; judicial expenses; work done before legal aid in place private charging private fees expenses choosing expenses
Find out how account for payments for interpreters and translators.
Payment rate for interpreters Interpreting Translating Interpreters Translation Interpreters’ fees Translating fees Dungavel Police station visits Interpreters’ cancellation fees Interpreters’ travel Interpreters’ waiting time cases with language barriers cases where client doesn’t speak English Interpreters’ expenses language barrier
Find out the rates for interpreter fees are and how they are paid.
Interpreting Translating Interpreters Translation Interpreters fees Translating fees rates for translators rates for interpreters word count payment rates additional charges for translation additional charges for interpreting pro rata rates for translator costs for translating documents translation administration costs tranlsating documents document translation
Find out what the pro-forma invoice should look like and what details the translator/interpreter should typically include.
Interpreting Translating Interpreters Translation Interpreters fees Translating fees Pro-forma invoice template for translator invoice example of interpreter invoice assessment of interpreter fee details to include in translator invoice invoice
Find out who is responsible for providing an interpreter/ translator during a police interview and what we will pay for in special circumstances.
Interpreting Translating Interpreters Translation Interpreters fees Translating fees Police station visits Criminal Interpreter costs for attending assisted person in police station interpreter fee for attending assisted person in custody translation for client in custody interpreter required for police interview provision of interpreter services in police station interpreter visit to police station
Read about the availability of legal aid for contempt of court proceedings and the type of legal aid you should apply for in these proceedings. It also sets out the powers of the court in relation to legal aid for contempt proceedings under Section 30 of the Legal Aid (Scotland Act 1986.
contempt of court contempt in civil proceedings civil contempt court granted legal aid legal aid from court contempt legal aid contempt of court legal aid
Read about the registration requirements for providing legal aid for contempt of court.
civil contempt proceddings contempt of court legal aid legal aid for contempt civil Civil Legal Assistance Register
Learn about the application requirements in relation to legal aid for contempt of court. It covers the requirement to make applications, availability of legal aid for contempt at first instance and appeal stages, what is meant by ‘distinct proceedings’ and provides a definition of legal aid in this context.
Contempt distinct proceedings means merits means and merits appeal Section 30(1) Section 30(3) section 30 appeal contempt contempt application
Find out about the power of the court to assign you or counsel in contempt proceedings and when and how this may be used.
court granted court assigned contempt of court sheriff appointed court appointed civil legal aid contempt proceedings
Find out about the eligibility criteria the court applies for contempt proceedings at first instance, as well as the form to use in applications.
contempt of court applying for civil contempt of court civil contempt contempt in civil proceedings applying for contempt of court legal aid contempt of court legal aid
Find out how to apply for legal aid for an appeal against a contempt of court decision, including the test we apply and special urgency arrangements.
special urgency civil contempt contempt of court legal aid legal aid for contempt of court contempt proceedings first instance contempt proceedings contempt appeal contmept
Read about arrangements for reviewing our decision to refuse legal aid for contempt of court proceedings and the implications of a successful appeal.
contempt of court review contempt refused contempt appeal contempt fees contempt payment court granted legal aid immediate grant civil contempt contempt in civil trial
Read about sanction in contempt of court cases, including when you need prior authority, the use of counsel, expert witnesses and unusual work.
contempt sanction sanction in contempt of court cases contempt of court counsel counsel in contempt of court approval for sanction expert witness in contempt contempt of court expert witness contempt prior approval
Read about the circumstances in which we may terminate legal aid in contempt cases and the implications of termination for you and your client.
temrinate termination contempt of court legal aid contempt recovery recovery of fees